On 10 September 2026, the High Court of Australia refused special leave to appeal the Federal and Family Court of Australia’s judgment of Caldwell and Caldwell [2026]. A disappointing outcome for parties using trust structures for asset protection.

A recent VCAT decision has reinforced the potential duty consequences of nominating a substitute purchaser under a contract of sale.

In Ramaihi v Commissioner of State Revenue [2026] VCAT 655, VCAT considered the application of the sub-sale provisions in the Duties Act 2000 (Vic), including when a nomination may confer a “transfer right” and the circumstances in which additional duty may arise.

The Victorian Government introduced a new regulatory scheme to prevent and monitor the illicit sale of tobacco across Victoria. Tobacco retailers are now required to obtain and annually renew their tobacco retail license from Tobacco Licensing Victoria (TLV). Failure to do so attracts significant penalties such as closure notices, fines and imprisonment.

The Supreme Court of Victoria in ISPT Pty Ltd v CSR [2026], has confirmed that the Commissioner of State Revenue can impose duty, where a unit holder acquires two separate interests in a public unit trust, on the aggregate amount of those interests.

In Sky Jade Corporation Pty Ltd v Commissioner of State Revenue (Vic) [2026] VCAT 421, the Victorian Civil and Administrate Tribunal confirmed that nominating a purchaser under a standard contract of sale of land will trigger additional duty if land development occurs prior to settlement. The Tribunal also confirmed that a nominee, nominated pursuant to a sale of real estate nomination form, will be considered to have obtained a right to have property transferred to the nominee, satisfying the legislative requirements for additional duty.

The Federal Court of Australia has ordered that home loan provider, RAMS, pay a $20 million penalty due to widespread non-compliance with the National Consumer Credit Protection Act 2009 (Cth). Whilst legislation confirms standards and adequate supervision is required by a franchisor, whether it provides adequate protection for consumers before an event has occurred is to be determined.

Limited recourse borrowing arrangements, or LRBAs, provided self-managed superannuation funds with the opportunity to borrow funds from a lender to purchase property. However, from 10 August 2026, LRBAs are now limited to the acquisition of business real property, effectively excluding residential property from the arrangements.